Exam 42: Torts and Products Liability

Strict liability torts, in which a tortfeasor may be held liable for an act by proving intent or willfulness, apply primarily in cases of defective products and abnormally dangerous activities.

Modern products liability law protects not only the actual purchaser, but also any ultimate users that are harmed by the product's defect. In a products liability case, the injured party may pursue a legal remedy against the seller under one of three theories: (1) negligence, (2) warranty, or (3) strict liability.

Defamation is a false statement that is directed specifically at a party, company, or product; is aired to a __________ party; and results in pecuniary harm to the victim.

Courts __________ any of the Restatements, but they do recognize them as widely applied principles of law.

A common defense to false imprisonment is:

Under certain circumstances a person or entity can be held responsible for the tortious acts of another. This is called __________ liability.

The ALI has amended the Restatement of Torts:

Jimmy uses a bowl in a microwave multiple times even though the bowl manufacturer specifically warns the bowl should only be used one time. The third time he used the bowl, Jimmy received third degree burns after grabbing it out of the microwave. Will Jimmy be able to recover?

An intentional tort is one in which the tortfeasor is willful in bringing about a particular event that causes harm to another party. Willful conduct is intentional behavior directed by an individual's free will.

When an injured party knows that a substantial and apparent risk is associated with certain conduct, and the party goes ahead with the dangerous activity anyway, the Restatements allow the tortfeasor to assert the defense of:

The Restatements provide for liability in certain cases where neither intent nor negligence need be proved known as:

__________ is an accidental (without willful intent) event that causes harm to another party.

Strict liability is recognized in the Restatements for:

The Restatements set out a/an __________-factor test to determine whether abnormally dangerous activities trigger strict liability for any harm caused by the activity.

An __________ is one in which the tortfeasor is willful in bringing about a particular event that causes harm to another party.

__________ laws are typically a blend of state common law and state statutory law.

Tort law and products liability law set out certain conduct and standards of __________ and provide legal recourse when a violation of those standards results in an injury causing losses.

False imprisonment is a/an __________ tort unless the tortfeasor is a merchant who temporarily and reasonably detains a suspected thief.

A tortfeasor may assert the defense of assumption of the risk so long as:

While criminal statutes are intended to punish and deter the wrongdoer, the common law of torts is primarily intended to provide __________ for the victim.